[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 466 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
S. RES. 466

Calling for the release from prison of former Prime Minister of Ukraine 
                           Yulia Tymoshenko.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2012

 Mr. Inhofe submitted the following resolution; which was referred to 
                   the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
Calling for the release from prison of former Prime Minister of Ukraine 
                           Yulia Tymoshenko.

Whereas Ukraine has experienced encouraging growth and reforms since it declared 
        its independence from the former Soviet Union in 1991 and adopted its 
        first constitution in 1996;
Whereas the 1996 constitution provided basic freedoms like the freedom of 
        speech, assembly, religion, and press, but was ultimately too weak to 
        contain the existing corruption-laced political culture inherited from 
        its communist past;
Whereas, as a result of the electoral fraud by which Mr. Yanukovych was declared 
        the winner, the citizens of the Ukraine organized a series of protests, 
        strikes, and sit-ins, which came to be known as ``The Orange 
        Revolution'';
Whereas the Orange Revolution, in concert with United States and international 
        pressure, forced the Supreme Court of Ukraine to require an 
        unprecedented second run-off election, which resulted in opposition 
        leader Mr. Yushchenko defeating Mr. Yanukovych by a margin of 52 percent 
        to 44 percent;
Whereas, in the 2010 presidential election, incumbent Yushchenko won only 5.5 
        percent in the first round of voting, which left former Prime Minister 
        Yanukovych and then Prime Minister Yulia Tymoshenko to face one another 
        in the run-off election;
Whereas, Mr. Yanukovych defeated Ms. Tymoshenko by a margin of 49 percent to 44 
        percent;
Whereas, shortly after the 2010 inauguration of Mr. Yanukovych, the Ukrainian 
        Constitutional Court found most of the 2004 Orange Revolution inspired 
        constitutional reforms unconstitutional;
Whereas, in 2010, President Yanukovych appointed Viktor Pshonka Prosecutor 
        General, equivalent to the United States Attorney General;
Whereas, since Mr. Pshonka's appointment, more than a dozen political leaders 
        associated with the 2004 Orange Revolution have faced criminal charges 
        under the Abuse of Office and Exceeding Official Powers articles of the 
        Ukrainian Criminal Code;
Whereas, in 2011, Prosecutor General Pshonka brought charges under these Abuse 
        of Office articles against former Prime Minister Yulia Tymoshenko over 
        her decision while in office to conclude a natural gas contract between 
        Ukraine and Russia;
Whereas, on October 11, 2011, Tymoshenko was found guilty and sentenced to seven 
        years in prison, fined $189,000,000, and banned from holding public 
        office for three years;
Whereas, recognizing the judicial abuses present in Ukraine, the Parliamentary 
        Assembly Council of Europe (PACE) passed Resolution 1862 on January 26, 
        2012;
Whereas Resolution 1862 declared that the Abuse of Office and Exceeding Official 
        Powers articles under which Tymoshenko was convicted are ``overly broad 
        in application and effectively allow for ex post facto criminalization 
        of normal political decision making'';
Whereas, since Ms. Tymoshenko's imprisonment, the Prosecutor General's Office 
        has reopened additional cases against her that were previously closed 
        and thought to be sealed under a ten-year statute of limitations;
Whereas, on October 28, 2011, the Ukrainian Deputy Prosecutor General alleged in 
        a television interview that Ms. Tymoshenko was involved in contract 
        killings, tax evasion, bribery, and embezzlement;
Whereas, at the time of the Deputy Prosecutor's public allegations, no formal 
        charges were filed, thereby violating Ms. Tymoshenko's right to 
        ``presumed innocence'' guaranteed by Article 6(2) of the European 
        Convention on Human Rights;
Whereas, since August 5, 2011, Ms. Tymoshenko has languished in a prison cell in 
        Ukraine with limited outside contact and access to needed medical 
        treatment;
Whereas the denial of proper medical assistance has left Ms. Tymoshenko in a 
        failing state of health;
Whereas international calls for Ms. Tymoshenko's release, access to outside 
        visitors, and adequate medical treatment have been ignored even as her 
        health continues to deteriorate;
Whereas, on April 28, 2012, major international news organizations, including 
        the British Broadcast Corporation and Reuters, reported on and produced 
        photos of bruises received by Ms. Tymoshenko during an apparent beating 
        by prison guards on April 20, 2012;
Whereas, in response to her inhumane treatment, Ms. Tymoshenko began a hunger 
        strike on April 20, 2012;
Whereas, amid international outrage, the European Union has delayed indefinitely 
        the signing of a free trade agreement with Ukraine, and the member 
        countries of the Organization for Security and Co-operation in Europe 
        currently are deliberating whether to allow Ukraine to assume the 
        chairmanship of the organization, which has been scheduled for 2013; and
Whereas, under international pressure, Ms. Tymoshenko was moved to a hospital in 
        Kharkiv on May 9, 2012, prompting her to end her hunger strike: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) condemns the administration of President Viktor 
        Yanukovych for the politically motivated imprisonment of former 
        Prime Minister Yulia Tymoshenko;
            (2) calls on the Yanukovych administration to release Ms. 
        Tymoshenko immediately for medical reasons;
            (3) urges the Organization for Security and Cooperation in 
        Europe not to recognize Ukraine's scheduled 2013 chairmanship 
        of the Organization until the release of Ms. Tymoshenko;
            (4) urges the Department of State to withdraw the United 
        States Ambassador to the Ukraine and suspend operations at the 
        United States Embassy in Kiev until the release of Ms. 
        Tymoshenko;
            (5) calls on the Department of State to institute a visa 
        ban against President Yanukovych, Prosecutor General Viktor 
        Pshonka, and other officials responsible for Ms. Tymoshenko's 
        imprisonment; and
            (6) calls on the North Atlantic Treaty Organization to 
        suspend all cooperative agreements with Ukraine and place 
        Ukraine on indefinite probation with regard to its Distinctive 
        Partnership with the Organization until the release of Ms. 
        Tymoshenko.
                                 <all>